Toole County District Court, Montana Document Filing Requirements

CRITICAL

Applies to

Discovery motion

A discovery motion must include the moving party’s statement that counsel complied with the conference requirement.

Counsel for the moving party shall include in the motion a statement of compliance with this rule.

CRITICAL

Applies to

Request for hearing

A motion requiring testimony must be scheduled as a contested matter, with the appropriate Request for Hearing pleading presented to the judge’s judicial assistant.

Any motion requiring presentation of testimony shall be scheduled as a contested matter with the appropriate Request for Hearing pleading being presented to the judge's judicial assistant.

CRITICAL

Applies to

Omnibus hearing memorandum and order form

Unless the presiding judge orders otherwise, the Omnibus Hearing Memorandum and Order form must be completed at the Omnibus Hearing.

Except as otherwise provided by order of the presiding judge, an Omnibus Hearing Memorandum and Order form shall be completed at the Omnibus Hearing.

CRITICAL

Applies to

Motion to extend deadlines or dates

A motion to extend deadlines or dates must state the trial date if one has been set.

Motions to extend deadlines or dates shall include a statement of the trial date, if set.

CRITICAL

Applies to

Written instrument

When judgment is entered upon a written instrument, the instrument must be presented to the clerk when the court grants judgment.

In all cases in which a judgment is entered upon a written instrument, the instrument must be presented to the clerk at the time judgment is granted by the court.

CRITICAL

Applies to

Oral argument request

Must include

proposed order

Any request for oral argument must include a proposed order.

A proposed order shall accompany any request for oral argument

CRITICAL

Applies to

Minute entry

A party relying on a minute entry must ensure that it is duly entered.

It shall be the duty of the party relying upon such minute entry to see that the same is duly entered.

CRITICAL

Applies to

Motion for leave to file pleading

When court leave is required to file a pleading, a motion must be filed and served with the original pleading attached; this procedure does not apply to filing a criminal Information.

When leave of court is required before a pleading can be filed, a proper motion must be filed and served. An original of the pleading should be attached (to be removed and stamped for filing immediately upon granting of the motion). This rule does not apply to filing an Information in a criminal case.

CRITICAL

Applies to

Stipulation

An agreement or consent is acceptable only if made in open court and recorded in the specified manner, or if it is written and signed by the party against whom it may be urged or that party’s attorney.

No agreement or consent between the parties, or their attorneys, shall be accepted by the court unless made in open court, and taken down by the court reporter or entered in the minutes by the clerk, or unless the same shall be in writing, signed by the party against whom the same may be urged, or by that party's attorney.

CRITICAL

Applies to

Oral argument request

A request for oral argument must state the reasons supporting argument and why the briefs do not adequately present the requesting party’s position; this request requirement does not apply when argument is mandatory unless all parties waive it.

When counsel desire oral argument on a motion, other than a motion in which oral arguments are mandatory unless waived by all parties, counsel shall state with their Notice of Issue or in a separate request for oral argument their reasons in support of oral argument and why the written briefs are inadequate to fully and satisfactorily articulate their position.

CRITICAL

Applies to

Filing

When the clerk must provide copies, parties must supply all copies needed for conformed copies and provide pre-addressed envelopes for every party of record.

When the clerk is required to provide copies, parties must furnish to the clerk all necessary copies of any such pleading, proposed order or other matter filed of record in any cause, so as to enable the clerk to provide conformed copies. Pre-addressed envelopes for all parties of record are likewise to be provided for distribution of copies by the clerk.

CRITICAL

Applies to

Motion

Must include

proposed order

A courtesy copy of all motions shall be submitted to the presiding judge together with a proposed order setting hearing.

A courtesy copy of all motions shall be submitted to the presiding judge together with a proposed order setting hearing.

CRITICAL

Applies to

Court order

A written court order stating the facts of removal is required before the instrument may be removed.

The instrument shall not be removed except by the order of the court in writing setting forth the facts of such removal.

CRITICAL

Applies to

Notice of issue

After all briefs are filed or the briefing period expires, at least one party must file a Notice of Issue stating that the matter is ready for a ruling.

When all briefs have been filed, or the time for filing of briefs has expired, at least one party shall file a "Notice of Issue" with the court indicating that the matter is ready for ruling by the court.

CRITICAL

Applies to

Written acknowledgment and waiver of rights

Defense counsel must present a written Acknowledgment and Waiver of Rights to the court at or before the guilty plea.

A written Acknowledgment and Waiver of Rights shall be presented to the court by defense counsel at or before the time of a guilty plea.

CRITICAL

Applies to

Plea agreement

Plea agreements must be submitted as either binding or non-binding.

Plea Agreements shall be submitted for either binding or non-binding.

WARNING

Applies to

Oral argument

Oral argument will be scheduled only by court order, whether requested by a party or ordered sua sponte.

Oral argument will be set only by court order, whether upon motion of a party or upon a sua sponte determination that oral argument would be beneficial.